ECJ (Common Foreign and Security Policy) Common foreign and security policy – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Competence of the Community – Freezing of funds – Fundamental rights – Jus cogens – Review by the Court – Action for annulment.
Mr Kadi was on the Sanctions Committee’s list and placed on the list maintained in the EC Regulation. His funds in the Community were frozen.
Held: Having regard to the primacy of the UN Charter, the EC was bound to adopt all measures to enable the Member States to fulfil their obligations under the Charter. There was no power to undertake what would amount to an indirect review of the lawfulness of the UN Resolution unless the Security Council had failed to observe the fundamental peremptory provisions of jus cogens.
Citations:
T-315/01, [2005] EUECJ T-315/01, (2005) ECR 11-3353
Links:
Statutes:
Jurisdiction:
European
Cited by:
See Also – Kadi v Council and Commission (Common Foreign and Security Policy) ECJ 16-Jan-2008
ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council . .
Cited – A, K, M, Q and G v HM Treasury Admn 24-Apr-2008
The applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval.
See Also – Kadi v Council and Commission ECJ 3-Sep-2008
(Common foreign and security policy) Grand Chamber – Common foreign and security policy (CFSP) Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban United Nations Security . .
Lists of cited by and citing cases may be incomplete.
Crime, Banking
Updated: 04 July 2022; Ref: scu.230131